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Spouse Withdraws Application

By Hope2020 in Effects of Major Family Changes on Immigration Benefits

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Hope2020 Contributor

Hope2020   14

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Hello, I have a question on behalf of someone else. If a US citizen files a spousal visa application and the case moves through the process all the way to the interview stage. During the interview, the immigrant wife finds out that the husband has written a letter to withdraw the application. He never advised her that he intended to do that and gave her the necessary documents for the interview. The CO told her what the husband did, gave her a 221 g and placed the case in administrative processing. The husband will not answer any calls from his wife now and seems to have moved on to another relationship. Is there anything the wife can do about the case? Or, is the case over since he has withdrawn?

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Crazy Cat Grand Master

Crazy Cat   41,731

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Based on the info you posted, the case is over.  A withdrawal is irrevocable.   I'm not sure why the case would be placed in AP.

Edited by Crazy Cat

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Hope2020 Contributor

Hope2020   14

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2 minutes ago, Crazy Cat said:

Based on the info you posted, the case is over.  A withdrawal is irrevocable.   I'm not sure why the case would be placed in AP.

Thank you for your reply. I had the same thoughts but I wasn't 100% sure. 

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Boiler Grand Master

Boiler   45,418

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I would imagine that they put it into AP whilst they do whatever they need to do to close it out..

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Hope2020 Contributor

Hope2020   14

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28 minutes ago, Boiler said:

I would imagine that they put it into AP whilst they do whatever they need to do to close it out..

That makes sense. Thank you. 

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pushbrk Grand Master

pushbrk   12,845

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5 hours ago, Boiler said:

I would imagine that they put it into AP whilst they do whatever they need to do to close it out..

Concur.  The "P" processing to return case to USCIS.

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iwannaplay54 Proficient

iwannaplay54   985

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10 hours ago, Hope2020 said:

Hello, I have a question on behalf of someone else. If a US citizen files a spousal visa application and the case moves through the process all the way to the interview stage. During the interview, the immigrant wife finds out that the husband has written a letter to withdraw the application. He never advised her that he intended to do that and gave her the necessary documents for the interview. The CO told her what the husband did, gave her a 221 g and placed the case in administrative processing. The husband will not answer any calls from his wife now and seems to have moved on to another relationship. Is there anything the wife can do about the case? Or, is the case over since he has withdrawn?

A petition can be withdrawn up until the visa is in the passport.  Nothing the beneficiary can do.

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Hope2020 Contributor

Hope2020   14

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22 minutes ago, iwannaplay54 said:

A petition can be withdrawn up until the visa is in the passport.  Nothing the beneficiary can do.

Thank you very much. 

2 hours ago, pushbrk said:

Concur.  The "P" processing to return case to USCIS.

Thank you very much. 

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SalishSea Grand Master

SalishSea   17,779

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1 hour ago, iwannaplay54 said:

Nothing the beneficiary can do.

Except choose wisely next time, preferably someone local so that thorough vetting of compatibility can be done before marrying.

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Cathi Veteran

Cathi   5,745

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7 hours ago, Sarah&Facundo said:

If the spouse does not want to marry the beneficiary, there is no reason the beneficiary needs to move to the US. 

I think you meant fiancé. Spouse=married. Which they already are hence "spousal visa".
 


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Neonred   3,553

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Time for a divorce.

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